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...154 Amonoy vs. Gutierrez
G.R. No. 140420, February 15, 2001
FACTS
This case had its roots in Special Proceedings No. 3103 of Branch I of the CFI of Pasig, Rizal, for the settlement of the estate of the deceased Julio Cantolos, involving six (6) parcels of land situated in Tanay Rizal. Amonoy was the counsel of therein Francisca Catolos, Agnes Catolos, Asuncion Pasamba and Alfonso Formida. On 12 January 1965, the Project of Partition submitted was approved and xxx two (2) of the said lots were adjudicated to Asuncion Pasamba and Alfonso Formilda. The Attorney's fees charged by Amonoy was P27,600 and on 20 Jan 1965 Asuncion Pasamba and Alfonso Formida executed a deed of real estate mortgage on the said two (2) lots adjudicated to them, in favor of Amonoy to secure the payment of his attorney's fees. But it was only on 6 Aug 1969 after the taxes had been paid, the claims settled and the properties adjudicated, that the estate was declared closed and terminated.
Asuncion Pasamba died on 24 Feb 1969 while Alfonso Fornilda passed away on 2 Jul 1969. Among the heirs of the latter was his daughter, plaintiff-appellant Angela Gutierrez. Because his Attorney's fees thus secured by the two lots were not paid, on 21 Jan 1970 Amonoy filed for their foreclosure in Civil Code 4 No. 12726 entitled Sergio Amonoy vs. Heirs of Asuncion Pasamba and Heirs of Alfonso Fornilda before the CFI of Pasig, Rizal, and this was assigned to Branch VIII. The heirs opposed,...

...G.R. No. 80264 May 31, 1989
SAN MIGUEL VILLAGE SCHOOL, petitioner,
vs.
HONORABLE AMIR PUKUNUM D. PUNDOGAR and CHRISTINA TRIÑO, respondents.
Estelito R. Alvia for petitioner.
Macalalag Law Office & Associates for private respondent.
FELICIANO, J.:
On 2 October 1985, petitioner San Miguel Village School filed a complaint for breach of contract with damages against respondent Christina Triño, before the Regional Trial Court, Branch 3, Lanao del Norte, the complaint being docketed as CivilCase No. L-111-577. A Certificate to File Action, signed by the Barangay Captain of Barangay Palao, Iligan City, dated 17 September 1985, bearing the notation that the "respondent cannot be contacted," was filed along with the complaint.
Summons was served upon the private respondent through her husband. On 22 November 1985, private respondent having failed to file an answer within the reglementary period, the petitioner School moved to declare her in default. The trial court granted the motion, declared private respondent in default and designated the Branch Clerk of Court to receive the evidence of the petitioner and thereafter to report back to the court.
From the evidence received by the Branch Clerk of Court from the petitioner, the following facts emerged:
On 9 May 1985, petitioner, a duly accredited private school located at Barangay Palao, Iligan City, entered into a contract of services with private respondent Christina Triño....

...ARAÑES VS. OCCIANO (Judges Solmenizing Marriage)
Mercedita Arañes filed charges against Judge Salvador Occiano of the Municipal Circuit Trial Court of Batalan, Camarines Sur with Gross Ignorance of Law. Occiano solemnized Arañes’ marriage without the requisite marriage license in latter’s house which is outside judge’s jurisdiction. Arañes was not able to claim her right to inherit his deceased husband’s property and she was deprived of receiving her husband’s pension. Occiano avers that the ceremony took place in Arañes’ house because the groom had a difficulty walking & he couldn’t stand traveling. Judge was aware that there was no marriage license but due to the pleas of the couple and everything was prepared already and the visitors were there, he agreed to solemnize the marriage. He reminded them that marriage won’t be valid without the license. They promised to give it within the day but they never did. Arañes desisted but Court still decided the case.
ISSUE: Whether or not the marriage is valid?
HELD: No. Judge fined P5,000.00.
RATIO:
1. Judges can only solemnize marriage within their territorial jurisdiction.
2. Marriage license is a requisite for marriage and without it, marriage is void. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. And since there was no license, Occiano didn’t have the authority to officiate the ceremony.
Santos vs CA
Article 36: Psychological...

...LAPU-LAPU VS. COURT OF APPEALS
G.R. No. 126006 January 29, 2004
Petitioner: LAPULAPU FOUNDATION, INC. and ELIAS Q. TAN
Respondents: COURT OF APPEALS (Seventeenth Division) and ALLIED BANKING CORP.
Ponente: CALLEJO, SR., J
FACTS:
In 1977, four loans from Allied Banking Corporation which is enclosed by four promissory notes amounting P100, 000 each was acquired by Elias Q. Tan, then President of Lapu-lapu Foundation, Inc. The bank was inhibited to file with the Regional Trial Court of Cebu City, Branch 15, a protest in looking for payment by Tan and the foundation, jointly and solely, of the sum of P493, 566.61 representing their attorney’s fees and costs, loan obligation, penalty charges, exclusive of interests. For the reason that as of January 23, 1979, Tan and the foundation were not able to pay the whole obligation with a total of P493, 566.61 and regardless of the demands made on them by the Bank. The foundation denied of acquiring the indebtedness from the Bank as their answer to the complaint. They said that the loans were obtained by Tan in his personal capacity, for his own use and benefit and on the strength of the personal information he provided the Bank. The Foundation upheld that it never gave Tan authorization to co-sign in his place as its President any promissory note and that the Bank is fully aware that the loans contracted were made in Tan’s personal capacity and for his own personal use and benefit and that the Foundation never...

...
Facts: In this case there was an order issued by the CFI of Manila compelling the domiciliary administrator of the Trust
Company of New York to surrender to the ancillary administrator in the Philippines the stock certificates owned by the
deceased Idonah Perkins to satisfy the legitimate claims of local creditors. However, such company challenged the said
order invoking some provisions of its by-laws concerning procedures to be followed in surrendering a stock certificate.
Issue: Whether a corporation can refuse to yield obedience to acts of its state.
Ruling: No. A Corporation is an artificial being created by law. It is a creature without any existence until it has received the
imprimatur of the state. Hence, it cannot refuse to yield obedience to acts of its state including the judiciary.
ANG PUE & COMPANY, ET AL., v SECRETARY OF COMMERCE AND INDUSTRY
Facts: On May 1, 1953, Ang Pue and Tan Siong, both Chinese citizens, organized the partnership Ang Pue & Company for a
term of five years. Prior to the expiration of the five-year term, the partners amended the original articles of partnership so
as to extend the term of life of the partnership to another five years. However, when the amended articles were presented
for registration in the Office of the SEC, registration was refused upon the ground that the extension was in violation of RA
1180 –an act prohibiting the extension of the term of a partnership not...

...charged with a statutory crime. Illegal possession of firearm is considered malum prohibitum. Mere unauthorized possession is penalized.
People of the Philippines vs Freddie Brana
GR No. L-29210
October 31, 1969
FACTS:
On the morning of January 6, 1967, 19-year old Corazon Tabano was found by her mother in their house bleeding from several stab wounds. She was rushed to the hospital, she expired a few minutes after arrival. Freddie Brana was formally charged with murder qualified by evident premeditation and abuse of superior strength, and attended by the aggravating circumstances of disregard to sex and dwelling.
DECISION OF THE LOWER COURT:
Guilty of Murder. Appellant was sentenced to death. Hence, the automatic review of the case.
ISSUE:
Whether or not the trial court erred in considering the killing to have been qualified by evident premeditation.
DECISION OF THE APPELLATE COURT:
Decision of the lower court modified, accused is sentenced to life imprisonment. It must be remembered that to justify a finding of evident premeditation it is not enough that there be a threat on the life of the victim. It must be proved that the accused not only had decided to commit the crime but also that the decision was the result of meditation, calculation and reflection.
People of the Philippines vs Luis B. Toring
GR No. L-56358
October 26, 1990
FACTS:
In the evening of May 25, 1980, a benefit dance was held in Lapu-lapu City for the last...

...Cargill vs. Intra Strata Assurance Corporation; March 15, 2010
Issues:
1.Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence;
2.Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines;
Facts: Petitioner Cargill, Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware, United States of America. Petitioner and Northern Mindanao Corporation (NMC) executed a contract dated 16 August 1989 whereby NMC agreed to sell to petitioner 20,000 to 24,000 metric tons of molasses, to be delivered from 1 January to 30 June 1990at the price of $44 per metric ton.
In compliance with the terms of the third amendment of the contract, respondent Intra Strata Assurance Corporation (respondent) issued on 10 October 1990 a performance bond in the sum of P11,287,500 to guarantee NMC’s delivery of the 10,500 tons of molasses, and a surety bond in the sum of P9,978,125 to guarantee the repayment of down payment as provided in the contract.
NMC was only able to deliver 219.551 metric tons of molasses out of the agreed 10,500 metric tons. Thus, petitioner sent demand letters to respondent claiming payment under the performance and surety bonds. When respondent refused to pay, petitioner filed on 12 April 1991 a complaint for sum of money against NMC and respondent.
Petitioner, NMC, and...